ORDINANCE NO. 131
AN ORDINANCE AMENDING ORDINANCE NO. 118 RELATING TO STANDARDS AND CRITERIA FOR THE MANAGEMENT OF SHORELAND AREAS WITHIN THE CITY OF AVON, STEARNS COUNTY, MINNESOTA AND REPEALING AVON ORDINANCES #79 AND #81.
THE CITY COUNCIL OF THE CITY OF AVON, STEARNS COUNTY, MINNESOTA DOES ORDAIN THAT ORDINANCE NO. 118 IS HEREBY AMENDED TO READ AS FOLLOWS:
1.1 Statutory Authorization
This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, which has been recodified as Chapter 103, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
1.2 Policy
The uncontrolled use of shorelands of the City of Avon, Minnesota, adversely affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Avon.
2.1 Jurisdiction
The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 4.0 of this ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage of less than 10 acres in size in municipalities need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempted from this ordinance.
2.2 Compliance
The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations.
2.3 Enforcement
The Zoning Administrator is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Section 3.1 of this ordinance.
2.4 Interpretation
In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
2.5 Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
2.6 Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.
2.7 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning they have in common usage and so as to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally.
2.711 Accessory structure or facility. "Accessory structure" or "facility" means any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.
2.712 Bluff. "Bluff" means a topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff):
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level of the waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and
(4) The slope must drain toward the waterbody.
2.713 Bluff impact zone. "Bluff impact zone" means a bluff and land located within 20 feet from the top of a bluff.
2.714 Boathouse. "Boathouse" means a structure designed and used solely for the storage of boats or boating equipment.
2.715 Building line. "Building line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
2.716 Commercial planned unit developments. "Commercial planned unit developments" are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are commercial planned unit developments.
2.717 Commercial use. "Commercial use" means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
2.718 Commissioner. "Commissioner" means the commissioner of the Department of Natural Resources.
2.719 Conditional use. "Conditional use" means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use or development is compatible with the existing neighborhood.
2.720 Deck. "Deck" means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.
2.721 Duplex, triplex, and quad. "Duplex, triplex," and "quad" means a dwelling structure on a single lot, having two, three, and four units respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
2.722 Dwelling site. "Dwelling site" means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
2.723 Dwelling unit. "Dwelling unit" means any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins.
2.724 Extractive use. "Extractive use" means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51.
2.725 Forest land conversion. "Forest land conversion" means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
2.726 Guest cottage. "Guest cottage" means a structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
2.727 Hardship. "Hardship" means the same as that term is used in Minnesota Statutes, Chapter 462.
2.728 Height of building. "Height of building" means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.
2.729 Industrial use. "Industrial use" means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.
2.730 Intensive vegetation clearing. "Intensive vegetation clearing" means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
2.731 Lot. "Lot" means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation.
2.732 Lot width. "Lot width" means the shortest distance between lot lines measured at the midpoint of the building line.
2.733 Nonconformity. "Nonconformity" means any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.
2.734 Ordinary high water level. "Ordinary high water level" means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.
2.735 Planned unit development. "Planned unit development" means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwellings units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.
2.736 Public waters. "Public waters" means any waters as defined in Minnesota Regulations section 6120.2500 subp. 13.
2.737 Residential planned unit development. "Residential planned unit development" means a use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites.
2.738 Semipublic use. "Semipublic use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
2.739 Sensitive resource management. "Sensitive resource management" means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
2.740 Setback. "Setback" means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.
2.741 Sewage treatment system. "Sewage treatment system" means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section 5.8 of this ordinance.
2.742 Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and force main, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
2.743 Shore impact zone. "Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.
2.744 Shoreland. "Shoreland" means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.
2.745 Significant historic site. "Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.
2.746 Steep slope. "Steep slope" means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.
2.747 Structure. "Structure" means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.
2.748 Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned unit developments.
2.749 Surface water-oriented commercial use. "Surface water-oriented commercial use" means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.
2.750 Toe of the bluff. "Toe of the bluff" means the lower point of a 50-foot segment `with an average slope exceeding 18 percent.
2.751 Top of the bluff. "Top of the bluff" means the higher point of a 50-foot segment with an average slope exceeding 18 percent.
2.752 Variance. "Variance" means the same as that term is defined or described in Minnesota Statutes, Chapter 394.
2.753 Water-oriented accessory structure or facility. "Water-oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, storage sheds, gazebos, screen houses, fish houses, pump houses, and detached decks.
2.754 Wetland. "Wetland" means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition), a copy of which is on file and can be reviewed at the office of the Avon City Clerk.
3.1 Permits Required
3.11 A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Section 5.3 of this ordinance. Application for a permit shall be made to the Zoning Administrator on the forms provided. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.
3.12 Permits shall stipulate that any identified nonconforming sewage treatment system, as defined by Section 5.8, shall be reconstructed or replaced in accordance with the provisions of this ordinance.
3.2 Certificate of Zoning Compliance
The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Section 3.1 of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in Section 2.3 of this ordinance.
3.3 Variances
3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 462, and Avon ordinances, as applicable. A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located, unless such use was in existence at the time Ordinance #118 was enacted. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the board of adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, the characteristics of development on adjacent properties, and such other factors as the City may deem appropriate.
3.32 The board of adjustment shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section 3.42 below shall also include the board of adjustment's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
3.33 For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system.
3.4 Notifications to the Department of Natural Resources
3.41 Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
3.42 A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action.
4.1 Shoreland Classification System
The public waters of Avon have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3000, and the Protected Waters Inventory Map for Stearns County, Minnesota.
4.11 The shoreland area for the waterbodies listed in sections 4.12 and 4.13 shall be as defined in section 2.744 and as shown on the Official Zoning Map, a copy of which is on file and can be reviewed at the office of the Avon City Clerk.
4.12 Lakes
Protected Waters
A. Natural Environment Lakes Inventory I.D. #
Linneman Lake 73-127
Ochotto Lake 73-122
Lake Anna 73-126
B. Recreational Development Lakes
Minnie Lake 73-129
C. General Development Lakes
Middle Spunk Lake 73-128
Lower Spunk Lake 73-123
4.13 Rivers and Streams
* All protected watercourses in the City of Avon shown on the Protected Waters Inventory Map for Stearns County, a copy of which is on file and can be reviewed at the office of the Avon City Clerk, and which is hereby adopted by reference, shall be considered "Tributary Streams."
4.2 Land Use District Descriptions
4.21 Land Use Districts
A. The land use zoning districts in effect on the date of adoption of this Ordinance shall continue until revisions are proposed to change the existing land use zoning districts designations or boundaries. When amendments to zoning districts on lakes are considered, then the zoning district and use provisions for at least all municipal shoreland of the affected public water, and preferably for all municipal shoreland areas, must be revised to be made substantially compatible with the criteria contained in Section 4.22 and with the classifications found in Section 4.23. Provided however that the uses presently permitted as of right and under special use permits within the industrial zone presently located on or about the north shore of Linneman Lake, and including those lands annexed by Ordinances No. 115 and No. 116, shall continue, and the boundaries of said industrial zone shall not be diminished in areas.
B. When an interpretation question arises about whether a specific land use fits within a given use category, the interpretation shall be made by the Board of Adjustment, which shall have broad discretion to determine such use issues, subject to approval by the City Council. Any question about whether a Land Use District's boundaries are properly delineated in the official zoning map shall be decided by the City Council.
C. When a revision is proposed to a Land Use District provision by an individual party or land owner, the individual party or land owner will only be responsible to provide the supporting and substantiating information for the specific parcel in question. The City of Avon will direct the Zoning Administrator to provide such additional information for the affected water body as is necessary.
D. Upon the final revision of any existing land use zoning district designation or boundary, there shall be made a detailed finding of fact and conclusion that the revision is consistent with the enumerated criteria and use provisions contained herein.
4.22 Criteria for Designation. The land use districts in Section 4.21, and the delineation of a land use district's boundaries on the official zoning map, must be consistent with the goals, policies and objectives of the Comprehensive Land Use Plan and the following criteria, considerations and objectives:
SEE ATTACHED TABLES
4.23 Land Use District Descriptions. The land use districts provided below, and the allowable land uses therein for the given classifications of water bodies, shall be properly delineated on the official zoning map for the shorelands of this community when revisions are made according to Section 4.21 to the existing land use zoning districts. These land use districts conform with the criteria specified in Minnesota Rules, Part 6120.3200, Subpart 1, and Part 6120.3800, Subpart 2.
A. General Considerations and Criteria for All Land Uses; including Planned Unit Development
(1) preservation of natural areas;
(2) present ownership and development of shoreland areas;
(3) shoreland soil types and their engineering capabilities;
(4) topographic characteristics;
(5) vegetative cover;
(6) in-water physical characteristics, values and constraints;
(7) recreational use of the surface water;
(8) road and service center accessibility;
(9) socioeconomic development needs and plans as they involve water and related land resources;
(10) the land requirements of industry which, by its nature, requires location in shoreland areas;
(11) the necessity to preserve and restore certain areas having significant historical or ecological value; and
(12) the value to the City and its residents of the particular use, and the particular needs of property owners and residents within the City.
B. Factors and Criteria for Planned Unit Developments:
(1) existing recreational use of the surface waters and likely increases in use associated with planned unit developments;
(2) physical and aesthetic impacts of increased density;
(3) suitability of lands for the planned unit development approach;
(4) level of current development in the area; and
(5) amounts and types of ownership of undeveloped lands.
5.1 Lot Area and Width Standards
The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river/stream classifications shall meet or exceed the following:
5.11 Unsewered Lakes
A. Natural Environment:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 80,000 200 80,000 200
Duplex 120,000 300 160,000 400
Triplex 160,000 400 240,000 600
Quad 200,000 500 320,000 800
B. Recreational Development:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 40,000 150 40,000 150
Duplex 80,000 225 80,000 265
Triplex 120,000 300 120,000 375
Quad 160,000 375 160,000 490
C. General Development:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 20,000 100 40,000 150
Duplex 40,000 180 80,000 265
Triplex 60,000 260 120,000 375
Quad 80,000 340 160,000 490
5.12 Sewered Lakes:
A. Natural Environment:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 40,000 125 20,000 125
Duplex 70,000 225 35,000 220
Triplex 100,000 325 52,000 315
Quad 130,000 425 65,000 410
B. Recreational Development:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 20,000 75 15,000 75
Duplex 35,000 135 26,000 135
Triplex 50,000 195 38,000 190
Quad 65,000 255 49,000 245
C. General Development:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 15,000 75 10,000 75
Duplex 26,000 135 17,500 135
Triplex 38,000 195 25,000 190
Quad 49,000 255 32,500 245
5.13 River/Stream Lot Width Standards. There is no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex, and quad residential developments for Tributary classifications are:
Tributary
No sewer Sewer
Single 100 75
Duplex 150 115
Triplex 200 150
Quad 250 190
5.14 Additional Special Provisions
A. Residential subdivisions with dwelling unit densities exceeding those in the tables in Section 5.12 and 5.13 can only be allowed if designed and approved as residential planned unit developments under Section 8.0 of this ordinance. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in Section 5.12 can only be used if publicly owned sewer system service is available to the property.
B. Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also meet the following standards:
(1) Each building must be set back at least 200 feet from the ordinary high water level;
(2) Each building must have common sewage treatment and water systems in one location that serve all dwelling units in the building;
(3) Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and
(4) No more than 25 percent of a lake's shoreline can be in duplex, triplex, or quad developments.
C. One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented in Sections 5.11 - 5.13, provided the following standards are met:
(1) For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex-sized lot that could be created including the principal dwelling unit;
(2) A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height; and
(3) A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.
D. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards:
(1) They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots.
(2) If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size Required increase
to shore length in frontage
(acres/mile) (percent)
Less than 100 25
100 – 200 20
201 – 300 15
301 – 400 10
Greater than 400 5
(3) They must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and
(4) Covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions.
5.2. Placement, Design, and Height of Structures
5.21 Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows.
A. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water Level*.
Setbacks
Classes of
Public Structures Sewage Treatment
Waters Unsewered Sewered System
Lakes
Natural Environment 150 150 150
Recreational Development 100 75 75
General Development 75 50 50
Rivers
Tributary 100 50 75
*One water-oriented accessory structure designed in accordance with Section 5.22 of this ordinance may be set back a minimum distance of ten (10) feet from the ordinary high water level.
B. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody:
Setback From: Setback (in feet)
(1) top of bluff; 30
(2) unplatted cemetery; 50
(3) right-of-way line of federal, 50
state, or county highway; and
(4) right-of-way line of town road, 20
public street, or other roads or
streets not classified.
C. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
D. Uses Without Water-oriented Needs. Commercial, industrial, public and semi-public uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
5.22 Design Criteria For Structures
A. High Water Elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows:
(1) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;
(2) For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish the flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Regulations parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and
(3) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
B. Water-oriented Accessory Structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in Section 5.21 of this ordinance if this water-oriented accessory structure complies with the following provisions:
(1) The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 120 square feet. Detached decks must not exceed eight feet above ground at any point;
(2) Setback of the structure or facility from the ordinary high water level must be at least ten feet;
(3) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
(4) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;
(5) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and
C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
(1) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;
(2) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and planned unit developments;
(3) Canopies or roofs are not allowed on stairways, lifts, or landings;
(4) Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;
(5) Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and
(6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (1) to (5) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340.
D. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the value of the site unless adequate information about the site has been removed and documented in a public repository.
E. Steep Slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
5.23 Height of Structures. All structures in city residential districts, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.
5.3 Shoreland Alterations
Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.
5.31 Vegetation Alterations.
A. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Section 5.4 of this ordinance are exempt from the vegetation alteration standards that follow.
B. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Sections 5.62 and 5.63, respectively, is allowed subject to the following standards:
(1) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
(2) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:
(a) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, are not substantially reduced;
(b) Along rivers, existing shading of water surfaces is preserved; and
(c) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
5.32 Topographic Alterations/Grading and Filling
A. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
B. Public roads and parking areas are regulated by Section 5.4 of this ordinance.
C. Notwithstanding Items A. and B. above, a grading and filling permit will be required for:
(1) The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and
(2) The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones.
D. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
(1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*:
(a) sediment and pollutant trapping and retention;
(b) storage of surface runoff to prevent or reduce flood damag